3161 - FITNESS FOR DUTY

If the Superintendent believes a staff member is unable to perform essential functions of the position to which the staff member is assigned, with or without reasonable accommodations, the staff member will be offered the opportunity for a meeting to discuss these issues.

The Superintendent may require a staff member to submit to an appropriate examination by a health provider designated by the Board to determine whether or not the staff member is able to perform essential functions of the position to which the staff member is assigned, with or without reasonable accommodations. The Board shall pay any uninsured fees for such examinations.

The staff member will be required to execute a release that complies with the requirements of the Health Insurance Portability and Accountability Act (HIPAA) in order to allow the report of the medical examination to be released to the Board/Superintendent and to allow the Superintendent or his/her designee to speak to the health care provider who conducted the medical examination in order to get clarification. Refusal to submit to an appropriate examination or to execute the HIPAA release will be grounds for disciplinary action in accordance with the terms of the applicable collective bargaining agreement.

Further, as required by Federal law and regulation and Board Policy 3122.02, the Superintendent shall direct the provider that is designated by the Board to conduct the examination, not to provide any genetic information in the report of the medical examination.

Pursuant to State law and in accordance with the Americans with Disabilities Act, as amended the results of any such examination shall be treated as a confidential medical record and will be exempt from release, except as provided by law. As required by Federal law, if the District inadvertently receives genetic information about an individual who is required to submit to an appropriate examination from a medical provider it shall be treated as a confidential medical record.

Upon the recommendation of the Superintendent and approval of the Board, a staff member may be placed on a leave of absence related to fitness for duty. Such leave shall be without pay; however, the employee may use accrued leave, if available. Furthermore, the Superintendent may recommend the staff member’s dismissal based upon the results of the medical examination.

The instructional staff member is entitled to a hearing as provided for in Florida law or the terms of the applicable collective bargaining agreement.

Revised 12/13/11
Revised 10/28/14
Reviewed 4/25/23

© Neola 2011